FOR PUBLICATION                            FILED
                    UNITED STATES COURT OF APPEALS                         MAY 14 2024
                                                                       MOLLY C. DWYER, CLERK
                                                                        U.S. COURT OF APPEALS
                           FOR THE NINTH CIRCUIT

BRANDON BRISKIN, on behalf of himself            No.    22-15815
and those similarly situated,
                                                 D.C. No. 4:21-cv-06269-PJH
                 Plaintiff-Appellant,            Northern District of California,
                                                 Oakland
 v.

ORDER

SHOPIFY, INC.; SHOPIFY (USA), INC.;
SHOPIFY PAYMENTS (USA), INC.,

                 Defendants-Appellees.

MURGUIA, Chief Judge:

        Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3. The three-judge panel opinion is vacated.

        Judges Owens and Lee did not participate in the deliberations or vote in this

case.